[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Rules and Regulations]
[Pages 18907-18909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7116]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No.: PTO-T-2007-0005]
RIN 0651-AC11
Correspondence With the Madrid Processing Unit of the United
States Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
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SUMMARY: The United States Patent and Trademark Office (Office) revises
the rules of practice to change the address for correspondence with the
Madrid Processing Unit of the Office. The Office relocated to
Alexandria, Virginia, in 2004, and hereby changes the address for
correspondence with the Office relating to filings pursuant to the
Protocol Relating to the Madrid Agreement Concerning the International
Registration of Marks to an Alexandria, Virginia address.
DATES: Effective Date: The changes in this final rule are effective
April 16, 2007.
[[Page 18908]]
FOR FURTHER INFORMATION CONTACT: Jennifer Chicoski, Office of the
Commissioner for Trademarks, (571) 272-8943, or via e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: In connection with the relocation of the
Office to Alexandria, Virginia, in 2004, the Office previously changed
most of its correspondence addresses so that correspondence has been
routed through a United States Postal Service (USPS) facility that is
more conveniently located to the Office. A post office box had been
retained in Arlington, Virginia, the previous location of the Office,
for the acceptance of certain correspondence, including submissions to
the Madrid Processing Unit (MPU) of the Office.
The Office has now made arrangements so that correspondence to the
MPU may be routed to the Office at its current location. In connection
with the address change, the USPS has provided a separate routing +4
zip code to distinguish mail for the MPU from other Office mail, and
all correspondence to the MPU should now be sent to the Office's main
headquarters, addressed with the separate routing +4 zip code.
The Office appreciates that it will take some period of time for
all persons filing correspondence with the MPU to become accustomed to
the address change. Although the address change is effective
immediately, the Office plans to arrange for continued delivery of
correspondence addressed to the MPU's former Arlington, Virginia 22215
address as a courtesy for a limited period of time. The Office cannot
ensure the availability of the Arlington, Virginia Post Office Box for
receipt of MPU correspondence after October 31, 2007.
The Office also is adding reference to a particular type of
correspondence, requests to note replacements under Sec. 7.28, that
are presently not identified in the rule as being accepted by mail or
via hand delivery, in order to clarify that the Office does accept such
requests by mail or by hand during the hours the Office is open to
receive correspondence.
Discussion of Specific Rules
The Office is amending Sec. Sec. 2.190(e) and 7.4(b) to provide
that international applications under Sec. 7.11, subsequent
designations under Sec. 7.21, responses to notices of irregularity
under Sec. 7.14, requests to record changes in the International
Register under Sec. 7.23 and Sec. 7.24, requests to note replacement
under Sec. 7.28, requests for transformation under Sec. 7.31, and
petitions to the Director to review an action of the Office's MPU, when
filed by mail, must be addressed to: Madrid Processing Unit, 600 Dulany
Street, MDE-7B87, Alexandria, VA 22314-5793. The Office is amending
Sec. 7.4(b)(2) to add that requests to note replacement under Sec.
7.28, when filed by mail, will be accorded the date of receipt in the
Office. The Office is amending Sec. 7.4(c) to add requests to note
replacement under Sec. 7.28 to the list of correspondence that may be
hand-delivered to the Office.
Rule Making Requirements
Administrative Procedure Act: Since this final rule is directed to
changing the address for filing certain correspondence with the Office,
this final rule merely involves rules of agency organization,
procedure, or practice within the meaning of 5 U.S.C. 553(b)(A).
Accordingly, this final rule may be adopted without prior notice and
opportunity for public comment under 5 U.S.C. 553(b) and (c), or
thirty-day advance publication under 5 U.S.C. 553(d).
Regulatory Flexibility Act: As prior notice and an opportunity for
public comment are not required pursuant to 5 U.S.C. 553 (or any other
law), a regulatory flexibility analysis under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) is not required. See 5 U.S.C.
603.
Executive Order 13132: This rule making does not contain policies
with federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
Executive Order 12866: This rule making has been determined to be
not significant for purposes of Executive Order 12866 (Sept. 30, 1993).
Paperwork Reduction Act: This rule making does not create any new
information collection requirements under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number. The collection of this
information has been approved by OMB under control number 0651-0055.
List of Subjects
37 CFR Part 2
Administrative practice and procedure, Trademarks.
37 CFR Part 7
Administrative practice and procedure, Trademarks, International
Registration.
0
For the reasons given in the preamble and under the authority contained
in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the Office is amending
parts 2 and 7 of Title 37 of the Code of Federal Regulations, as
follows:
PART 2--RULES OF PRACTICE IN TRADEMARK CASES
0
1. The authority citation for part 2 continues to read:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
0
2. Amend Sec. 2.190 by revising paragraph (e) to read as follows:
Sec. 2.190 Addresses for trademark correspondence with the United
States Patent and Trademark Office.
* * * * *
(e) Certain Documents Relating to International Applications and
Registrations. International applications under Sec. 7.11, subsequent
designations under Sec. 7.21, responses to notices of irregularity
under Sec. 7.14, requests to record changes in the International
Register under Sec. 7.23 and Sec. 7.24, requests to note replacements
under Sec. 7.28, requests for transformation under Sec. 7.31, and
petitions to the Director to review an action of the Office's Madrid
Processing Unit, when filed by mail, must be mailed to: Madrid
Processing Unit, 600 Dulany Street, MDE-7B87, Alexandria, VA 22314-
5793.
PART 7--RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL
RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL
REGISTRATION OF MARKS
0
3. The authority citation for part 7 continues to read:
Authority: 15 U.S.C. 1135, 35 U.S.C. 2, unless otherwise noted.
0
4. Amend Sec. 7.4 by revising paragraphs (b) introductory text, (b)(2)
and (c) to read as follows:
Sec. 7.4 Receipt of correspondence.
* * * * *
(b) Correspondence Filed By Mail. International applications under
Sec. 7.11, subsequent designations under Sec. 7.21, responses to
notices of irregularity under Sec. 7.14, requests to record changes in
the International Register under Sec. 7.23 and Sec. 7.24, requests to
note replacement under Sec. 7.28, requests for transformation under
Sec. 7.31, and
[[Page 18909]]
petitions to the Director to review an action of the Office's Madrid
Processing Unit, when filed by mail, must be addressed to: Madrid
Processing Unit, 600 Dulany Street, MDE-7B87, Alexandria, VA 22314-
5793.
(1) * * *
(2) Responses to notices of irregularity under Sec. 7.14, requests
to note replacement under Sec. 7.28, and requests for transformation
under Sec. 7.31, when filed by mail, will be accorded the date of
receipt in the Office.
(c) Hand-Delivered Correspondence. International applications under
Sec. 7.11, subsequent designations under Sec. 7.21, responses to
notices of irregularity under Sec. 7.14, requests to record changes in
the International Register under Sec. 7.23 and Sec. 7.24, requests to
note replacement under Sec. 7.28, requests for transformation under
Sec. 7.31, and petitions to the Director to review an action of the
Office's Madrid Processing Unit, may be delivered by hand during the
hours the Office is open to receive correspondence. Madrid-related
hand-delivered correspondence must be delivered to the Trademark
Assistance Center, James Madison Building--East Wing, Concourse Level,
600 Dulany Street, Alexandria, VA 22314, Attention: MPU.
* * * * *
Dated: April 9, 2007.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E7-7116 Filed 4-13-07; 8:45 am]
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